Homeland Security Investigations (HSI) Defense Attorney

HSI is the agency most Texans have never heard of that brings some of the most serious cases in the state — and much of its work begins at a port of entry.

The border search exception is what makes HSI distinctive. Searches that would require a warrant anywhere else can be conducted at the border without one.

What HSI investigates

Human smuggling and trafficking, narcotics smuggling, customs and trade fraud, export control and sanctions violations, bulk cash smuggling, intellectual property crime, child exploitation, and cyber-enabled financial crime.

HSI is a component of Immigration and Customs Enforcement, but it is a criminal investigative agency — distinct from ICE Enforcement and Removal Operations, which handles civil immigration enforcement. Confusing the two is common and consequential: an HSI case is a criminal prosecution, not a removal proceeding, though a conviction will usually drive the immigration outcome as well.

The border search exception

At the border and its functional equivalent, the government may conduct routine searches of people and property without a warrant and without probable cause. This is the single most important legal feature of HSI practice.

The exception extends to ports of entry, international airports, and the functional equivalent of the border. It also supports extended border searches somewhat inland, on a showing of reasonable suspicion and reasonable certainty that the item crossed.

Electronic device searches remain contested

Where the exception genuinely stops is not settled. Courts distinguish manual review of a device — scrolling through it at the counter — from forensic examination, which images the device and extracts deleted material, location history, and application data.

Several circuits require at least reasonable suspicion for a forensic search; the law is not uniform and the boundaries are actively litigated. Given how many HSI prosecutions begin with a device examination at a port of entry, this is frequently the most valuable suppression issue available — and it is one that requires knowing which circuit's law applies and what precisely was done to the device.

Customs and trade fraud

Undervaluation of imports, misclassification under the tariff schedule, false country-of-origin declarations, and transshipment to evade duties. These are charged under 18 U.S.C. § 541 and § 542, alongside wire fraud and conspiracy, and they frequently run parallel to a civil penalty action by Customs and Border Protection.

As with other white collar matters, the parallel proceeding has to be managed jointly — a civil settlement containing admissions can effectively resolve the criminal case against you.

Child exploitation investigations

HSI runs a substantial share of federal CSAM and online enticement investigations, including undercover operations. These cases turn almost entirely on digital forensics and on the lawfulness of the search that produced the devices — which is why the border search question, where applicable, is often decisive.

What to do if agents contact you

Do not answer questions. Say that you want to speak with a lawyer, and say nothing else. That is lawful and cannot be used as evidence of guilt. Lying to a federal agent is a separate felony under 18 U.S.C. § 1001 — no oath required.

Do not consent to a search. If they have a warrant they do not need permission.

Do not destroy anything. A preservation duty attaches the moment you know of the investigation.

Write down what happened — names, agency, time, what was asked, what was taken — the same day.

Then call (214) 225-7117. The pre-indictment window is the most valuable period you have.